Say it isn't so!!!!!!!!!!!

[dd3keegs]

What's the big idea??????? [img]graemlins/help.gif[/img] ?????????Why??

[dd3keegs]

Re: Say it isn\'t so!!!!!!!!!!!

Woops...should have hit the reply button. Why won't the Jackson Custom Shop make any Strat head replicas???? Legal reasons?????

[RacerX]

Re: Say it isn\'t so!!!!!!!!!!!

Yup.

[Thoraby]

Re: Say it isn\'t so!!!!!!!!!!!

Or illegal reasons, if you prefer.

[Newc]

Re: Say it isn\'t so!!!!!!!!!!!

Because the Strat headstock is an identifiable trademark of Fender - much like the Pepsi or Coke or Marlboro or Nike logos are trademarks of those companies, and neckthrough, rear-loaded electronics, and custom graphics are trademarks of Jackson and Charvel.
Fender is under the misguided impression that people will stop buying Fenders if they can get a Jackson or Charvel with a Strat head, much like Gibson believes that if anyone else makes a rear-loaded Explorer, roundhorn V, or Firebird that people will stop buying Gibson models, and they might have to compete price-wise.

Newc

[dd3keegs]

Re: Say it isn\'t so!!!!!!!!!!!

O.K. ......Did Fender buy out Jackson???? If so what's the worry. I don't get it. Thanks for the reply.

[Jim Shine]

Re: Say it isn\'t so!!!!!!!!!!!

Originally posted by Newc:
Because the Strat headstock is an identifiable trademark of Fender - much like the Pepsi or Coke or Marlboro or Nike logos are trademarks of those companies, and neckthrough, rear-loaded electronics, and custom graphics are trademarks of Jackson and Charvel.
Fender is under the misguided impression that people will stop buying Fenders if they can get a Jackson or Charvel with a Strat head, much like Gibson believes that if anyone else makes a rear-loaded Explorer, roundhorn V, or Firebird that people will stop buying Gibson models, and they might have to compete price-wise.

Newc

<font size="2" face="Verdana, Helvetica, sans-serif">Yeah, you got it! The thing that pisses me off is that Fender (which is my favorite guitar company) dishes out licensing of their headstock shapes to AllParts, WD, Warmoth and the biggest clown in the aftermarket parts biz, Edenhause. I never seen a good neck come from that place.

[shreddermon]

Re: Say it isn\'t so!!!!!!!!!!!

Yeah, Jim. I've always wondered about that, too. I just don't get the logic of why Fender's lawyers think it's OK to license out stratheads for aftermarket replacement neck companies, but not new manufacturers? [img]graemlins/scratchhead.gif[/img] Particularly the ones they wholly own (i.e., J/C) and, hence, can obviously control the "competition"?

Goofy legal thinking that costs the company sales and bottom-line $, IMHO. Just because I want a new strathead Charvel and they won't allow them to be built does not mean I'll go buy a Fender instead. It means I won't buy either. Fender guitars are very nice, but I'm not a big fan. I'm not going to buy one just because it has something (...a cool traditional headstock shape) I can't get on a J/C anymore.

If McD or any of the Fender guys are reading this: License it to Charvel, and charge me an extra 50 or 100 bucks for the licensing fee. And require a "licensed by Fender" stamp in the neck pocket, just like those replacements. Please. [img]images/icons/grin.gif[/img]

[Riffmeister]

Re: Say it isn\'t so!!!!!!!!!!!

When exactly did it come about that no other company could use that heastock design?

I had countless peices of crap guitars growing up with fender headstocks on them like cort and such.

I'm suprised that they haven't stopped companies from using the strat body, or the tele body shape.

Come to think of it why doesn't Jackson offer guitars with these shapes? My very first Jackson was a full sized strat body.

[killerburst]

Re: Say it isn\'t so!!!!!!!!!!!

Originally posted by Rick:
When exactly did it come about that no other company could use that heastock design?

<font size="2" face="Verdana, Helvetica, sans-serif">20+ years ago. Fender proved in a court of law that their headstock shape was an identifiable part of their brand image, and as such is protected as trade-dress. If they allow other companies (even one's they own) to put out guitars with that headstock and a non-Fender logo in the traditional Fender logo location, their legal position becomes compromised.

Licensing to vendors that are selling parts without a logo is apparently a completely different issue. In fact, just a few years ago WD, AllParts, Warmoth, etc. did not pay for a license to use that shape (or at least did not advertise that they were licensed). It seems that right around the time that Fender began to sell their replacement parts these other vendors started advertising that thery were licensed by Fender. This fact reinforces Fender's trademark defense. Any trademark or patent loses it's viability if it's not defended at every possible sign of infringement. If you let one slide by, the next guy can site that circumstance as a reason why the patent or trademark is un-enforcable.

[Toby]

Re: Say it isn\'t so!!!!!!!!!!!

Originally posted by Newc:
Because the Strat headstock is an identifiable trademark of Fender ...

<font size="2" face="Verdana, Helvetica, sans-serif">For my understanding, Fender is not the inventor of the Strathead. The design was invented in 1825 in Vienna, Austria, by luthier Johann Georg Stauffer. In 1833, his employee C.F. martin emigrated to America and brought the headstock design to USA. In around 1947, Paul Bigsby used already used this headstcok design on an electric guitar. The Stratocaster appeared in 1954.


For many years, other manufacturers worldwide used the Strathead design also. As far as I know, in around the 1980s Fender registered the Strathead trade mark. But this trade mark is not regsistered all over the world. In Europe, the courts said, since Fender tolerated other manufacturers doing Stratheads for years, the Strathead is public domain.

[Luke]

Re: Say it isn\'t so!!!!!!!!!!!

So Charvel or Jackson could make a strathead range for Europe or the UK then? [img]images/icons/grin.gif[/img] Or am I misunderstanding?

[sully]

Re: Say it isn\'t so!!!!!!!!!!!

Originally posted by Luke:
So Charvel or Jackson could make a strathead range for Europe or the UK then? [img]images/icons/grin.gif[/img] Or am I misunderstanding?

<font size="2" face="Verdana, Helvetica, sans-serif">you are correct.

sully

[Budman68]

Re: Say it isn\'t so!!!!!!!!!!!

I read somewhere (unfortunately I can't remember where!) that the Bigsby head style was actually just a "QUICK" way of putting a "scroll-look" on the headstock for decorative purposes. As I'm sure everyone knows that they put decorative scrolls on just about every instrument in the early days.

Just a note for you..... [img]images/icons/smile.gif[/img]


Dave-&gt;

[LouSiffer]

Re: Say it isn\'t so!!!!!!!!!!!

There is a loophole to this situation however. If you make a strat headstock....but, do not put a brand name on it...there is not much Fender can do. Body logoes anyone?-Lou